In re GBO & BJO (Children) [2020] KEHC 6506 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

(CORAM: CHERERE-J)

CIVIL APPEAL NO.08 OF 2019

IN THE MATTER OF GBO AND BJO (CHILDREN)

BETWEEN

BAO...........................APPELLANT

AND

BTNO.....................RESPONDENT

(Appeal against judgment and decree in Kisumu Chief Magistrate’s Children’s Case No. 39 of 2017 by Hon. A.Odawo (RM) on 23. 01. 19)

JUDGMENT

1. This appeal and CIVIL APPEAL NO.33 OF 2019 both arise from Kisumu Chief Magistrate’s Children’s Case No. 39 of 2017.

2. Both appeals are by the same Appellant against the same Respondent and the same subject matter.

3. The orders of dismissal issued on 23rdApril, 2020 in respect ofCIVIL APPEAL NO.33 OF 2019applies to this appeal.

4. Consequently, this appeal is correspondingly dismissed with an order that each party shall bear its own costs.

DELIVERED THIS 30th DAY OF April 2020

T. W. CHERERE

JUDGE

Court Assistant - Ms. Amondi

For the Appellant - A.B.L.Musiega & Co. Advocates Absent

For the Respondent - Mr. Omondi of Omondi, Abande & Co.Advocates

Order

This ruling has been delivered to the parties by skype and electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15thMarch, 2019.